An unlikely refuge from drugs: jail

One of the front lines in the war on heroin is taking place where many of those addicted to the drug end up: jail.

At the Middlesex County Jail, a group of inmates addicted to heroin - and the percentage of inmates who are opioid addicted is as high as 50 percent - is being enrolled in an intense drug rehab program started by Sheriff Peter Koutoujian. Some in the program are given a shot of a drug that ceases both the cravings for the drug and its intoxicating effects.

The program is an example of what Kouttoujian said is the most important element to making a dent in the heroin scourge in Massachusetts: treatment, not punishment.

For some opiate addicts and dealers, prison may be the best thing for them, he said.

When Koutoujian was first appointed sheriff in 2011, he said there were no programs set up in county jails to help inmates deal with substance abuse, largely due to a lack of money.

With at least 80 percent of the inmates addicted to drugs or alcohol, Koutoujian said he felt it was necessary to get them help on the inside.

The county has embarked on a new, 90-day substance abuse treatment program which has inmates who struggle with addiction living in the same area of the jail.

"They take ownership of their addiction and recovery," Koutoujian said.

Although taxpayer dollars fund the jail operations, the substance abuse program is paid for entirely by the inmates, he said.

Inmates, some of whom sold drugs to make a living, are also exposed to programs designed to help them get jobs after their release.

Koutoujian said a GED program reduces the rate of recidivism by over 20 percent. And, about 50 inmates in the jail program have received injections of the drug Vivitrol, also called naltrexone, which blocks the effects of heroin. When released, inmates are connected to community programs to keep them on the monthly injections.

With the treatment and counseling opportunities now available, coupled with the inability to obtain the substances while in jail, Koutoujian said county jails can be "a blessing" for addicts.

"I know in my heart that if they had done jail time earlier in the cycle, they would be a lot better off right now," he said. "They didn’t have that window when they were forced to be clean and sober and had the opportunity to participate in a program."

However, being arrested on heroin possession or distribution charges does not necessarily mean a fast track to a prison cell.

After being arrested and released twice on heroin-related charges, one Natick man may have contributed to at least six overdoses in the MetroWest area, including two fatalties.

Nicholas Ferraro 23, of Natick, was arrested on heroin charges twice in October 2012 – the first time he was found in his car with a syringe in his lap, unresponsive, Framingham police said.

Page 2 of 3 - The second time, police were called to his Nelson Street home for a reported overdose, where they found 1.4 grams of heroin, 11.4 grams of an unidentified white power, more than 30 pills and cash.

He was charged with posession with intent to sell heroin each time, along with a slew of other charges.

But he was released on $500 bail the relating to the Oct. 7 charges. At his arraignment following his second arrest on Oct. 16, he was released without bail on conditions that he undergro treatment and submit to drug tests.

However, the Middlesex District Attorney's office filed a "nolle prosequi" motion this month, voluntarily dropping criminal charges because the state crime lab had not yet tested the drugs connected to his second arrest.

Although the state reserves the right to bring the charges up again, the case won't be going forward.

But Ferraro was arrested yet again on March 13 at the conclusion of a two-month investigation into heroin overdoses.

Framingham Police detectives found five grams of heroin individually packaged in an apartment police say was the headquarters for an operation.

Judge Robert Greco at Ferraro's arraignment March 14 set Ferraro’s bail at $15,000 after Assistant District Attorney John Mulcahy asked for $50,000 bail, calling Ferraro a "well-established" drug dealer. His pre-trial conference for his latest offense is May 14 at Framingham District Court.

According to court records, authorities have linked him to several overdoses, including two fatalities.

Nicholas B. Papp, 22, of Milford, was arrested Feb. 15 after Milford police, armed with a warrant, raided his home and found heroin, scales, packaging and cash associated with selling drugs.

He was charged with possession of heroin with intent to distribute, possession of heroin, possession of methadone and conspiracy to violate drug laws.

Papp was released on $250 bail and ordered to undergo random drug testing and treatment programs. His bail, however, was returned to him at his sentencing hearing. He was sentenced to one-year probation last November, which expires in November.

In Alan Stone’s case, an undercover officer from the Massachusetts Law Enforcement Agency, actually posted Stone’s bail after he was arrested on a warrant for selling a gun to the undercover officer.

The police report, filed in Framingham District Court, said the undercover officer bought three Percocets from Stone several times, paying $105 each time.

Holliston Police charged Stone with distribution of Percocet, distribution of heroin, distribution of oxycodone, illegal possession of Percocet, illegal possession of oxycodone and possession of heroin.

Hopkinton Police charged Stone with larceny of more than $250. The charge stems from the alleged April 2013 gun deal when he took the $350 and never returned.

But Stone too was released without bail after his arraignment in February and is awaiting his pretrial conference on April 8.

Page 3 of 3 - This practice of releasing drug offenders on little or no bail is due to overcrowded jails and a state law limiting the factors judges can take into consideration when deciding bail, said Greg Benoit, a former Worcester County assistant district attorney and now a criminal defense lawyer practicing in Worcester.

He said bail is typically set higher for individuals who are more likely to commit violent crimes or less likely to come to their court dates.

But, he added that there is a tendency for heroin addicts to miss court dates.

"Heroin use and defaulting in court come hand in hand," he said.

Many judges, he said, are reluctant to hold drug offenders on bail because they are classified as non-violent criminals and jails are already overcrowded.

He said he’s heard prosecutors make the argument that heroin dealers linked to overdoses could be classified as violent criminals, but judges "aren’t buying it as of yet."

As an assistant district attorney, Benoit said he would ask judges to set high bail for people he thought were dangerous – not only to others, but themselves.

He cited young, drug-addicted girls who turned to prostitution "to try and get high." But without a "flight risk," they are usually released without bail.

"Without the history of court default, the judge is not likely to incarcerate a first-time drug offender," he said.

Benoit also said sending drug offenders to jail won't solve their addiction problems.

"They can still get drugs in jail," he said.

If such people are held on bail until their court date, they are just "basically housed" and not given any withdrawal treatment or counseling, he said.

He said there should be "locked, secure facilities" for people sentenced to probation for drug crimes.

"There needs to be a system designed to deal with the effects of heroin addiction and specifically deal with those," he said.

Zachary Comeau can be reached at 508-634-7556 and zcomeau@wickedlocal.com. Follow him on Twitter @ZComeau_MDN.